TOWN OF
FOOD SERVICE
ESTABLISHMENT
LICENSING
ORDINANCE
BE IT
ORDAINED:
§1. Title
This Ordinance
shall be known as the "Food Service Establishment Licensing
Ordinance".
§2. License
Required
No person(s),
corporation(s), or other business entities shall operate or maintain within the
Town of
§3. Definition
The term “food
service establishment” shall mean any fixed or mobile restaurant, industrial
feeding establishment, catering kitchen, cafeteria, commissary, or similar
place where food or drink is prepared for sale or for service on the premises
or elsewhere, not including private homes where food is prepared and served but
not offered for sale.
The term “temporary food service establishments”
shall mean a food service establishment that operates at a fixed location for a
temporary period of time, not to exceed two (2) weeks, in connection with a
carnival, circus, public exhibition, festival, celebration, or similar
transitory gathering.
The term “food stores/markets” shall mean any
person, firm, corporation who sells or keeps for sale and groceries, bakery
products, confectioneries, meats, fish, vegetables, or fruits.
§4.
Application and Fees
Applications
for licenses to maintain or operate a food service establishment shall be made
to
the Director
of Health, or his designated agent, on forms furnished by the Department of
Health. The annual fee payable to the Town of
Temporary food
service establishments - $50.00
Food
Stores/Markets - $100
Class I food
service establishments - $ 75.00
Class II food
service establishments - $ 100.00
Class III food service establishments - $ 125.00
Class IV food
service establishments - $ 150.00
All food
service establishments shall be classified per the guidelines of the State of
Connecticut Public Health Code Sections 19-13-B429(s)(3), 19-13B48(j)(2), and 19-13-B49(t)(2). No food service
establishment may change classification without the permission of the Director
of Health or designated agent. Food service establishments will be checked and
reclassified as necessary at the time of the licensing inspection. The fee and
application form shall be collected at the time of the licensing inspection.
All licenses shall expire one year from date of issue and are non-transferable. The licensing fee shall be waived
for charitable, religious and other non-profit organizations.
No license to maintain or operate a
food service establishment shall be issued by the Director of Health or the
Town’s designated agent, unless such application is accompanied by a certification
from the tax collector that all real property and personal property taxes due
and owing to the Town are current as of the time of application. Such certification shall have been issued no
more than thirty (30) days from the time the application for license to
maintain and operate a food service establishment is submitted.
§5.
Incorporation of Public Health Code in Ordinance
All relevant
sections of the Public Health Code of the State of Connecticut, in their
entirety, and as they may be amended from time to time, are hereby made a part
of the this ordinance and shall apply in all cases except where the provisions
of this ordinance shall prescribe a more stringent requirement.
§6. Penalties
for Violation of Ordinance
If any
licensed or unlicensed food service establishment is found to be operated,
maintained, or equipped in violation of existing health codes and ordinances,
or is found to be operated, maintained, or equipped so as to jeopardize the
public health, the Director of Health or his designated agent shall order the
removal or abatement of the violation of the existing health codes and
ordinances within such time as the Director or Agent prescribes. If such order
is not complied with within the time prescribed the Director or Agent may institute
and maintain a civil action for injunctive relief pursuant to the provisions of
Section 19a-206 of the Connecticut General Statutes and any person who violate
any such order shall be fined not more than one hundred dollars or imprisoned
not more than three months or both and the Director may suspend or revoke the
license of such food service establishment until such time as the violation is
removed or abated. Food service operations at the establishment will cease
until such time that the violation is removed or abated and the Director
reinstates said license and authorizes food service operations to resume.
§7. Approval
of Plans and Specifications Required
Whenever a
food service establishment is constructed or substantially remodeled, and
whenever an existing structure is converted to use as a food service
establishment, properly prepared plans and specifications for construction,
remodeling, or alteration shall be submitted to the Director of Health, or his
authorized Agent in the Health Department, for review and approval before
construction, remodeling or alterations are begun. The plans and specifications
shall indicate the proposed layout, arrangement, and construction materials of
work areas and the type of model of proposed fixed equipment and facilities.
The Director of Health or Agent shall approve the plans and specifications if
they meet the requirements of the Public Health Code of the State of
§8. Approval
of Plans and Specifications Required
Whenever plans
and specifications are required by the provisions of this Ordinance to be
submitted to the Director of Health, the Director of Health or his authorized
Agent shall inspect the food service establishment prior to its beginning
operation to determine compliance with the approved plans and specifications,
and with the requirements of this Ordinance and the Public Health Code of the
State of Connecticut.
§9. Water
Analysis
All food
service establishments shall submit to the Director of Health an analysis of
their water supply prior to the issuance of their yearly License to operate.
The analysis must be performed by a water testing laboratory licensed by the
State of
Parameter Limit
Total Coliform 0 organisms
Nitrate 10.0 mg/1
Nitrite 1.0 mg/1
Sodium 28.0 mg/1
Chloride 250.0 mg/1
Iron 0.3
mg/1
Manganese 0.05 mg/1
Hardness none
Turbidity 5 NTU
pH 6.4 -
8.5
Sulfate 250.0 mg/1
Color none
Odor 2
If Nitrate
levels exceed the limit of 10.0 mg/1 then the following pesticides must be
tested for and their levels must be within established limits:
Alachlor
Atrazine
Dicamba
Ethylene
Dibromide (EDB)
Metolachlor
Simazine
2,4-D
Failure to
submit such water analyses shall subject the owner to operator of such
establishments to a fine of $100.00 and the suspension of the establishments
License to operate. Such a food service establishment shall remain closed until
submission of the water test results.
§10.
Inspection and Reinspection
All food
service establishments who receive a failing inspection grade (a passing grade
defined as a score of 80 or above with no 4 point violation items) will require
re-inspection within a time prescribed in accordance with all applicable
standards of the State of Connecticut Public Health Code. Inspection grades
shall be formulated in accordance with the requirements and procedures set
forth in the Public Health Code. The fee for re-inspection will be $50.00,
payable to the Town
of
§11. Appeal
Any person
aggrieved by an order issued by the Director of Health or Agent may, within
forty eight (48) hours after the issuance of such order, appeal to the
Commissioner of Health Services of the State of Connecticut, pursuant to the
provision of Section 19a-229 of the Connecticut General Statutes. Said appeal
shall not stay said order unless a stay is requested of and issued by the
Commissioner of Health Services.
§12. Effective
Date
The provisions
of this ordinance shall become effective on the twenty first (21) day following
its adoption and publication as required by law.
Adopted by the
Board of Selectmen of the Town of
____________________________
Robert G.
Silvaggi
____________________________
Jerry Murphy
____________________________
Joni Park